Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471­Provincially Administered Tribal Areas Criminal Laws (Special Provisions) Regulation (1 of 1975), Reglns. 4, 5, 16, 23 & 24-Leave to appeal granted to consider among others, whether the rule laid down in Jabeen eaha v. Said Mian Sherzada P L D 1986 Pesh. 127 was attracted to the case in hand. (b) Provincially Administered Tribal Areas Criminal Laws (Special Provisions) Regulation (t of 1975)- -- Reglns. 4, 5, 16, 23 & 24-Scope and application. Mst. Jabeen Baha and 2 others v. Said Mian Sherzada and 2 others P L D 1986 Pesh. 127 held wrongly decided. (c) Provincially Administered Tribal Areas Criminal Laws (Special Provisions) Regulation (1 of 1975)- ----- Reglns. 3(2), 16 & 24-Bail-Word "proceedings"--Meaning, interpretation and scope-Object of construction and interpretation of statutory provisions stated and underlying principle laid down.­[Words and phrases-Bail]. The word "proceeding" can be given a narrow or a wider import depending upon the nature and scope of an enactment in which it is used and in the particular context of the language of the enactment in which it appears. The purpose of construction or interpretation of statutory provisions is not doubt to ascertain the true intention of the Legislature, yet that intention has, of necessity to be gathered from the words used by the Legislature itself. If those words are so clear and unmistakable that they cannot be given any meaning other than that which they carry in their ordinary grammatical sense, then the Courts are not concerned with the consequences of the interpretation however, drastic or inconvenient the result, for, the function of the Court is interpretation, not legislation. Import of words in a section will, accordingly, depend on the language of the section and the nature and scope of the enactment. If, at all, there are limitations or reservations which affect its import, then due regard must be had to it so as to give effect to the intention of the legislature. The word "proceeding" cannot be taken in a restricted or limited sense to include only the actual trial of an…

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